The UIA-IROL is expressing its grave concern on the case of Robert Roșu.
In 2016, we previously protested the circumstances surrounding the search at the head offices of the law firm of Tuca Zbarcea & Asociatii on December 8, 2015 by officers of the National Anticorruption Directorate (NAD.) That search was followed by the arrest on December 10, 2015 of Mr. Robert Roșu, a partner at Tuca Zbarcea & Asociatii.
In our previous statement, we recalled the core principles around protection of confidentiality and the conditions under which searches of lawyers’ offices may be carried out.
Today we note that our colleague Mr. Roșu, as well as the legal profession continues to find itself under attack in Romania.
It is our understanding that Robert Roșu has just recently been sentenced to 5 years imprisonment, being found guilty simply for having exercised his profession. He is currently in prison based on a court decision which has been denounced by the representatives of the legal profession and a significant number of colleagues as wrong and abusive.
As correctly stated by the Romanian bar, how can one accuse a lawyer of abuse of office based on the argument that “complicity activities can take any form, including the mere presence of a person with the perpetrator, so as to give the perpetrator the security or confidence that his actions are to be a success”, or find an argument in the fact that the lawyer used legal terms and convincingly presented the situation and handed over documents in support of his statements?
The decision convicting Mr. Roșu should be overturned as the prosecution is wholly without merit. At a minimum, the defense should be immediately informed of the decision, so that Mr. Roșu may appeal the conviction, to an international tribunal, if necessary.
UIA-IROL fully supports the National Association of the Romanian Bars (UNBR) and Romanian lawyers in denouncing the case of Robert Roșu. We also stand with our Romanian colleagues in defense of the rule of law, the right to due process, the freedom of lawyers to practice law independently and the independence of the judiciary, all of which are threatened in Romania.